Question Appointment Of Provincial Administrator

Good Day To All,

The governor in our province appointed a new Provincial Administrator due to the resignation of the previous PA, the Sanggunian Panlalawigan did not concur his appointment because they are relying on the opinion of the civil regional office. Ang tanong kopo diba ang Provincial Administrator ay posisyon na coterminous at confidential? Salamat po at God Bless.

Sir:

This refers to your query on the concurrence of the appointment of a Provincial Administrator.

Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

Nonetheless, we wish to invite your attention to the following which may be relevant in your case:

1. Section 480, Article X (Administrator), Local Government Code,
“Section 480. Qualifications, Terms, Powers and Duties.
“(a) No person shall be appointed administrator unless he is a citizen of the Philippines, a resident of the local government unit concerned, of good moral character, a holder of a college degree preferably in public administration, law, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in management and administration work for at least five (5) years in the case of the provincial or city administrator, and three (3) years in the case of the municipal administrator.
“The term of administrator is coterminous with that of his appointing authority.
2. Section 463(a) and (d), Article III, Title IV, Chapter I, Local Government Code, which states:
Section 463. Officials of the Provincial Government.

“(a) There shall be in each province a governor, a vice-governor, members of the sangguniang panlalawigan, a secretary to the sangguniang panlalawigan, a provincial treasurer, a provincial assessor, a provincial accountant, a provincial engineer, a provincial budget officer, a provincial planning and development coordinator, a provincial legal officer, a provincial administrator, a provincial health officer, a provincial social welfare and development officer, a provincial general services officer, a provincial agriculturist, and a provincial veterinarian.
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“(d) Unless otherwise provided herein, heads of departments and offices shall be appointed by the governor with the concurrence of the majority of all the sangguniang panlalawigan members, subject to civil service law, rules and regulations. The sangguniang panlalawigan shall act on the appointment within fifteen (15) days from the date of its submission; otherwise the same shall be deemed confirmed;
3. CSC Resolution No. 030128, January 28, 2003 (LASCO, Paulo M), where the Commission held:
“From the above, it is clear that the position of Administrator is co-terminous with the term of the appointing authority and highly confidential in character. However, it is a unique position because while it is highly confidential in character, it is required that the appointee must meet the qualifications enumerated under Sec. 480 of the Local Government Code. Hence, the position of Administrator does not fall within the confidential/personal staff contemplated under Section 1(e) of CSC Memorandum Circular No. 40, s. 1998 which dispenses with the eligibility and experience requirements.”
Thank you.

Sir:

This refers to your query on the concurrence of the appointment of a Provincial Administrator.

Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

Nonetheless, we wish to invite your attention to the following which may be relevant in your case:

1. Section 480, Article X (Administrator), Local Government Code,
“Section 480. Qualifications, Terms, Powers and Duties.
“(a) No person shall be appointed administrator unless he is a citizen of the Philippines, a resident of the local government unit concerned, of good moral character, a holder of a college degree preferably in public administration, law, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in management and administration work for at least five (5) years in the case of the provincial or city administrator, and three (3) years in the case of the municipal administrator.
“The term of administrator is coterminous with that of his appointing authority.
2. Section 463(a) and (d), Article III, Title IV, Chapter I, Local Government Code, which states:
Section 463. Officials of the Provincial Government.

“(a) There shall be in each province a governor, a vice-governor, members of the sangguniang panlalawigan, a secretary to the sangguniang panlalawigan, a provincial treasurer, a provincial assessor, a provincial accountant, a provincial engineer, a provincial budget officer, a provincial planning and development coordinator, a provincial legal officer, a provincial administrator, a provincial health officer, a provincial social welfare and development officer, a provincial general services officer, a provincial agriculturist, and a provincial veterinarian.
xxx
“(d) Unless otherwise provided herein, heads of departments and offices shall be appointed by the governor with the concurrence of the majority of all the sangguniang panlalawigan members, subject to civil service law, rules and regulations. The sangguniang panlalawigan shall act on the appointment within fifteen (15) days from the date of its submission; otherwise the same shall be deemed confirmed;
3. CSC Resolution No. 030128, January 28, 2003 (LASCO, Paulo M), where the Commission held:
“From the above, it is clear that the position of Administrator is co-terminous with the term of the appointing authority and highly confidential in character. However, it is a unique position because while it is highly confidential in character, it is required that the appointee must meet the qualifications enumerated under Sec. 480 of the Local Government Code. Hence, the position of Administrator does not fall within the confidential/personal staff contemplated under Section 1(e) of CSC Memorandum Circular No. 40, s. 1998 which dispenses with the eligibility and experience requirements.”
Thank you.

Sir:

This refers to your query on the concurrence of the appointment of a Provincial Administrator.

Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

Nonetheless, we wish to invite your attention to the following which may be relevant in your case:

1. Section 480, Article X (Administrator), Local Government Code,
“Section 480. Qualifications, Terms, Powers and Duties.
“(a) No person shall be appointed administrator unless he is a citizen of the Philippines, a resident of the local government unit concerned, of good moral character, a holder of a college degree preferably in public administration, law, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in management and administration work for at least five (5) years in the case of the provincial or city administrator, and three (3) years in the case of the municipal administrator.
“The term of administrator is coterminous with that of his appointing authority.
2. Section 463(a) and (d), Article III, Title IV, Chapter I, Local Government Code, which states:
Section 463. Officials of the Provincial Government.

“(a) There shall be in each province a governor, a vice-governor, members of the sangguniang panlalawigan, a secretary to the sangguniang panlalawigan, a provincial treasurer, a provincial assessor, a provincial accountant, a provincial engineer, a provincial budget officer, a provincial planning and development coordinator, a provincial legal officer, a provincial administrator, a provincial health officer, a provincial social welfare and development officer, a provincial general services officer, a provincial agriculturist, and a provincial veterinarian.
xxx
“(d) Unless otherwise provided herein, heads of departments and offices shall be appointed by the governor with the concurrence of the majority of all the sangguniang panlalawigan members, subject to civil service law, rules and regulations. The sangguniang panlalawigan shall act on the appointment within fifteen (15) days from the date of its submission; otherwise the same shall be deemed confirmed;
3. CSC Resolution No. 030128, January 28, 2003 (LASCO, Paulo M), where the Commission held:
“From the above, it is clear that the position of Administrator is co-terminous with the term of the appointing authority and highly confidential in character. However, it is a unique position because while it is highly confidential in character, it is required that the appointee must meet the qualifications enumerated under Sec. 480 of the Local Government Code. Hence, the position of Administrator does not fall within the confidential/personal staff contemplated under Section 1(e) of CSC Memorandum Circular No. 40, s. 1998 which dispenses with the eligibility and experience requirements.”
Thank you.